Lawsuit: Kalamazoo Public Safety trying to 'tilt the playing field' for promotions in favor of minority officers

KALAMAZOO, MI – A Kalamazoo Public Safety officer has filed suit against the city, claiming he has been passed over for special assignments and promotions at KDPS because of the agency’s “deliberate attempts to tilt the playing field in favor of minority candidates at the expense of well-qualified and experienced white officers.”

David Moran, who has been with KDPS since 2006 and is white, is seeking more than $25,000 in damages in the race-discrimination lawsuit.

The city, meanwhile, has filed an answer to Moran’s action denying any wrongdoing.

Moran, who is being represented by Ann Arbor attorneys Jennifer B. Salvatore and Edward A. Macey, filed suit against the city Nov. 4 in Kalamazoo County Circuit Court.

Salvatore declined to comment for this report. Kalamazoo City Attorney Clyde Robinson also declined to comment.

A civil jury trial is scheduled for Aug. 20. Salvatore and Macey have submitted a witness list for the case that includes more than 50 potential witnesses, the bulk of whom are KDPS personnel including Chief Jeff Hadley, Deputy Chief Karianne Thomas, Assistant Chief Donald Webster and other command officers.

The lawsuit cites three instances, the first in late 2011 and two more in 2013, when Moran sought and was denied assignment to Public Safety’s bomb squad and then a promotion to sergeant, respectively.

David Moran

When he sought the position on the bomb squad, four positions were eventually filled with three spots going to officers “who were arguably more qualified than Officer Moran.” But the fourth spot, according to the lawsuit, went to an Asian female officer “who was less qualified than Officer Moran.”

In terms of his qualifications, Moran says in the lawsuit that he has “performed his job at a high level” since 2006, tallying “several hundred” arrests, receiving more than 150 daily activity report commendations and three written commendations. He also was awarded in 2012 Public Safety’s Medal of Valor.

Both Moran and Officer Steve Heyduck received the award in 2012, according to the KDPS website, in recognition for the actions they took on March 29, 2011, when they shot and killed Chad Harris in the 1800 block of Greenlawn Avenue after Harris threatened to kill his mother and attempted to stab another KDPS officer.

In 2013, Moran claims he ranked first among nine applicants who sought promotions to fill five to six openings for sergeant. A collective bargaining agreement for the Kalamazoo Public Safety Officers’ Association dictates that the top five applicants for a promotion are eligible for the promotion.

Moran claims that the city eventually only promoted two officers to sergeant in May 2013, including a Native American officer “who had less education and relevant qualifications than Officer Moran.” The promotion of just two officers at that time allowed for two African American officers who were previously not eligible for promotion to sergeant to become eligible.

“Had Defendant filled five spots immediately, as the City had originally planned to do, then Officer Moran would have been promoted,” the lawsuit says. “However, no African American officers would have been promoted … Defendant then filled four additional promotional spots on August 8, 2013. All eligible officers, except for Officer Moran, who had ranked number 1, were promoted.

“This included two African American officers who were less qualified … and who had scored significantly below Officer Moran on the promotional test.”

The lawsuit says that when he asked why he wasn’t promoted, Hadley “referred to an incident that had happened over a year ago for which Officer Moran had never been disciplined.”

Moran claims that his passing over for the promotion is part of a “widespread practice” by the city of giving preferential treatment to minority police officers.

As examples, management at KDPS has sent openings in specialty units to minority officers with requests that they apply for the positions and then minority candidates have received extra training and assistance in preparing for written exams that are part of the promotion process within KDPS, according to the civil action.

“This practice is not limited to good-faith efforts to seek out qualified, minority candidates but includes deliberate attempts to tilt the playing field in favor of minority candidates at the expense of well-qualified and experienced white officers, such as Officer Moran,” the lawsuit says.

In an answer to Moran’s complaint that was filed Dec. 9, Assistant City Attorney Richard O. Cherry denies Moran’s claims that he has been passed over for special assignments and promotions in favor of minority candidates who were less qualified.

In answering Moran’s claims pertaining to his seeking of an assignment to the KDPS bomb squad, Cherry contends that “All four open assignments for the bomb squad were filled with candidates who were well qualified for the position.”

Cherry goes on to deny Moran’s contention that he ranked first of the nine applicants for a promotion to sergeant in 2013. Cherry admits in the answer that when Moran inquired about why he was not promoted to sergeant last year that Hadley made reference to an incident that happened more than a year ago.

Cherry goes on to say that the incident “was factored into Plaintiff’s oral interview score; in addition his combined written exam score, significantly low oral interview score, and seniority points only gave him a slight edge in the overall scoring.”

While Moran was qualified for a promotion to sergeant, Cherry contended in the answer that Moran’s race played no role in him not being promoted in May and August of 2013. Among the affirmative defenses put forth by Cherry are that the city has complete or limited immunity from the civil action and that Moran’s claims are barred “by the contractually shortened statute of limitations.”

“Plaintiff’s alleged damages, if any, were caused in whole or in part by his own acts or omissions,” Cherry said.

Rex Hall Jr. is a public safety reporter for the Kalamazoo Gazette. You can reach him at rhall2@mlive.com. Follow him on Twitter.